South Australian Current Acts South Australian Current Acts66C—Keeping of pets on premises
(1) A tenant
may—
(a) keep
a pet on premises rented under a residential tenancy agreement with the
approval of the landlord; and
(b) keep
an exempt animal on premises rented under a residential tenancy agreement
without the approval of the landlord.
(2) A tenant may apply
to the landlord, or an agent of a landlord, for approval under
subsection (1).
(3) An application
under subsection (2) must—
(a) be
made in a manner and form determined by the Commissioner; and
(b)
comply with any other requirements set out in the regulations.
(4) A landlord, or an
agent of the landlord, must, within 14 days after receipt of an
application under subsection (2), give the tenant a written notice
setting out—
(a)
whether the landlord approves or refuses the tenant’s application; and
(b) if
the landlord approves the tenant’s application subject to
conditions—the conditions of the approval; and
(c) if
the landlord refuses the tenant’s application—
(i)
the grounds for the refusal; and
(ii)
the reasons the landlord believes the grounds for the
refusal apply to the application.
(5) If a landlord, or
an agent of the landlord, fails to give the tenant a written notice within the
period specified in subsection (4), or gives the tenant a notice that
does not comply with that subsection, the landlord will be taken to have given
approval to the keeping of the pet specified in the application on the
relevant premises.
(6) An approval under
subsection (5) is taken to be subject to any conditions determined by the
Commissioner for the purposes of this subsection.
(7) A landlord may, by
notice in writing to the tenant, impose, vary or revoke a condition of an
approval given (or taken to be given) at any time.
(8) An approval given
by a landlord, or an agent of the landlord, under this section may be subject
to conditions if the conditions—
(a)
relate only to keeping the pet on the premises; and
(b) are
reasonable having regard to the type of pet and the nature of the premises;
and
(c) are
stated in the written approval given to the tenant under subsection (4)
or in a written notice given to the tenant under subsection (7).
(9) Without limiting
subsection (8)(b), the following conditions of an approval are taken to
be reasonable:
(a) a
condition requiring the pet to be effectively restrained while a landlord or
an agent of the landlord is entering or at the premises in the exercise of a
right of entry to the premises under section 72;
(b) if
the pet is not a type of pet ordinarily kept inside—a condition
requiring the pet to be kept outside on the premises;
(c) if
the pet is allowed inside the premises—a condition requiring carpets in
the premises to be cleaned to a professional standard at the end of the
tenancy.
(10) A condition of a
landlord’s approval for a tenant to keep a pet on premises is void if
the condition—
(a)
would require the tenant to buy goods or services from the landlord or a
specified person or business; or
(b)
would require the tenant to pay an amount in the nature of an incentive (other
than rent, a bond or another amount required or authorised to be paid under
this or any other Act); or
(c)
would require the tenant to pay an amount in the nature of a penalty or
liquidated damages; or
(d)
would increase the rent or bond payable by the tenant; or
(e)
would require any form of security from the tenant.
(11) This section is
in addition to, and does not derogate from, a provision of any other Act or
law that relates to the keeping of animals.